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(영문) 창원지방법원 2015.12.17 2014고단2955
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the acquisition of goods against the victim D.

Reasons

Criminal facts

around September 17, 2012, the Defendant participated in the issuance of new shares by E Co., Ltd. and acquired 16,370 shares at par value per E Co., Ltd. (the actual payment is KRW 20 million including commission and all other expenses; KRW 1,222 per share based on actual payment); and for a considerable period of time thereafter, the said shares of E Co., Ltd were traded at approximately KRW 400 per share, which was known at around that time, to be sold to E Co., Ltd. at low-priced prices by deceiving the acquisition price and transaction price.

1. Around October 27, 2012, the Defendant introduced F as a director of the above company in F in Blue House Seoul (Seoul) around October 2012, 2012, and recommended the victim to purchase shares, stating, “E Co., Ltd. is a company in which it is making an investment, which is a Chinese promising business group and holds 50% of the shares of the Chinese LPD company in proportion to 50%, and the group and technical skills are associated with each other, with a very high prospect and 100 times or more, and thus, the future prospects are high, and the profits are 10 million won or more. Therefore, if 100 million won is invested in the shares, it may be 30 million or more after one year.”

After that, on October 27, 2012, the Defendant made a false statement to the victim that “E stock is being traded in KRW 15,000 per share at present, so that he/she may, in particular, live in KRW 10,000 per share of KRW 40,000 per share of KRW 10,000 per share of KRW 40,000 per share,” to the effect that the Defendant would purchase KRW 40,000 per share of KRW 10,00 per share.

However, not only did the above company's investment or business prospects were revealed, but the defendant acquired the above company's shares at KRW 500 per share (per share, KRW 1,222 per share on the basis of actual payment) before the above month, and at the time the above company issued shares at the price of KRW 4,00 per share, the defendant issued shares at KRW 4,00 per share to the victim and issued shares at KRW 4,00 per share to the defendant or his/her father's G.

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